Need An Urgent Bail Application? Speak To Our Bail Lawyers Today
When someone is remanded in custody, the focus shifts immediately to one thing: getting them out as quickly as possible. But bail applications are not simple. A rushed or poorly prepared application can be refused, and a refusal can limit your ability to apply again unless there are new facts or circumstances, so the first properly prepared application matters.
Josh Smith Legal handles urgent bail applications across all Victorian courts, 24 hours a day, seven days a week. We prepare thoroughly, move fast, and give every application the best possible chance of success.
If someone has been arrested and refused bail at the police station, call us immediately on 03 8658 5872. We’ll advise on next steps and can make an urgent court application without delay.
How Bail Works In Victoria
Bail is the release of a person from custody while their criminal matter is dealt with by the courts. A bail application requires your lawyer to address the court’s four key concerns:
- Risk of committing further serious offending
- Risk of endangering the safety or welfare of another person
- Risk of interfering with a witness or otherwise obstructing the course of justice
- Risk of failing to attend court as required
These tests come from the Bail Act 1977. In serious matters, particularly family violence and serious indictable charges where a higher bail test applies, the prosecution may oppose bail. Your lawyer has to answer each of these worries with real evidence, not just promises.
What The Application Involves
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We Prepare The Application
A detailed application addressing each of the court’s concerns directly, rather than in general terms.
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We Gather Supporting Material
Employer letters, character references, surety arrangements and proposed conditions. This is where most of the work happens and where most applications are won or lost.
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The Application Is Heard
The matter is argued in court with submissions from both sides.
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The Court Decides
Bail is granted with or without conditions, or refused.
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If Refused, There Are Still Options
We can apply in a higher court, or again if circumstances materially change.
Someone You Love Is In Custody?
If you’ve been arrested or charged call us immediately, we’re available 24/7
When Bail Is More Difficult To Achieve
For some charges, bail isn’t simply a question of risk. Depending on the offence, the schedule it falls under and the alleged circumstances, you may first have to show compelling reasons, or in the most serious cases exceptional circumstances, before bail can be granted at all.
These tests can be engaged by serious family violence offences, certain intervention order breaches, and serious personal violence charges. Whether you were already on bail or subject to another order at the time can also change which test applies. It is not automatic across a whole category of offending, and working out precisely which test applies to your charge is the first thing a bail lawyer should do.
These are exactly the situations where experienced bail lawyers make the greatest difference.
Act Quickly
Bail applications are time-critical. The longer someone remains in custody without a properly prepared application, the harder it becomes. Do not wait.
Call Josh Smith Legal immediately on 03 8658 5872. We’re available 24/7 and can move on an urgent application without delay.
Why Choose Josh Smith Legal?
We handle bail applications as a matter of urgency, because they are. Here’s what sets us apart.
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Urgent Bail Applications, 24 Hours A Day
We’re available around the clock and can prepare and file an urgent bail application quickly. Bail matters are time-sensitive and we treat them accordingly.
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Experienced Across All Courts And All Charge Types
We’ve run bail applications for charges ranging from minor offences through to murder, in the Magistrates’ Court, County Court and Supreme Court. Our 4.9-star rating comes from over 200 Google reviews.
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Preparation That Makes The Difference
A bail application is only as strong as its preparation. We gather employer letters, references and surety arrangements, and propose realistic conditions, giving the court a solid, well-built case to let them out, instead of just asking and hoping.
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We Know What The Court Needs To Hear
Opposing bail is routine for the prosecution on serious matters. Answering their objections specifically, with evidence, is what separates a successful application from a refused one.
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Free Case Evaluation
Call us and we’ll immediately assess the situation, advise on the prospects of bail, and explain exactly what the process involves. No legal jargon. No obligation.
Bail Already Refused Once?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Need A Bail Application? Let Us Help You Get The Best Possible Outcome
Being remanded in custody is one of the most frightening situations a person, and their family, can face. A successful bail application changes everything.
We act fast, prepare thoroughly, and give every application the strongest possible chance. Call us immediately, we’re available 24/7.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
Can bail be granted for serious charges like murder?
Yes. Bail can be granted even for murder and other serious charges. It is harder to achieve, but not impossible. Applications in the Supreme Court require highly skilled preparation, and we have experience making bail applications for the most serious indictable offences.
What happens if bail is refused at the Magistrates’ Court?
You can apply to the Supreme Court of Victoria for bail. This is a separate and distinct process, and we can move on it urgently.
What does it mean if I have to show compelling reasons?
For certain offences you must satisfy the court of compelling reasons, or in the most serious cases exceptional circumstances, before bail can be granted at all. This is a considerably more demanding starting point than the ordinary risk assessment, and it makes thorough preparation essential.
How quickly can a bail application be heard?
An urgent application in the Magistrates’ Court can be heard the same day in some circumstances. More complex applications in superior courts take longer. We move as fast as the court allows.
This page is general information about bail law in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
